Category Archives: Human Rights in Cyberspace

Sovereign Immunity

Sovereign Immunity in Cyber Space: Towards Defining a Cyber-Intrusion Exception to the Foreign Sovereign Immunities Act

In light of recent foreign cyber-assaults that have jeopardized personal privacy in the United States, it is time for individuals to explore opportunities for private suits against foreign governments. In the first attempt to do this, Doe v. Federal Democratic Republic of Ethiopia, the courts found that the Foreign Sovereign Immunities Act barred suit under the Wiretap Act’s private cause of action and the common law tort of intrusion upon seclusion. Kurland posits that either a new exception should be added to the FSIA to ameliorate this legal lacuna.

data across borders

Law Enforcement Access to Data Across Borders: The Evolving Security & Rights Issues

Jennifer Daskal describes the challenges facing law enforcement access to data across borders and examines the legal and political issues at stake in formulating clear standards for cross-border access to data. Daskal also presents possible mechanisms for establishing a framework for law enforcement access to content and non-content data in foreign jurisdictions.

right to privacy

How Technology Enhances the Right to Privacy: A Case Study on the Right to Hide Project of the Hungarian Civil Liberties Union

In this article, authors Fanny Hidvegi and Rita Zagoni describe the legal and political circumstances that prompted the Hungarian Civil Liberties Union to establish the “Right to Hide” (right to privacy) project for the promotion of privacy-enhancing technologies, and they discuss how the project can assist individuals in Hungary in securing their privacy.